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Can i get any money or settle with workman's comp do to broken ankle a fibula at work

Quincy, MA |

had two screws put in and might affect me from doing my daily job duties

Attorney Answers 4

Posted

Yes, but to know exactly, we would need more specifics. Has the insurance carrier accepted your claim?Has the doctor said you are at maximum medical improvement and given you permanent work restrictions? Go get an intitial consulation( which is free) with a local workers comp attorney to get an idea of what you can expect in your particular case.

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Posted

I suppose the answer is Yes.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Posted

I am an attorney who focuses on workers' compensation claims in Massachusetts. To answer your question in short, yes, certainly. If your work related injury prevents you from being able to return to your pre-injury job, then you are eligible to collect weekly workers compensation benefits. However, first, it would be helpful to know whether or not the insurance company has accepted your claim, or denied it. Secondly, it would be helpful to know who paid for the ankle surgery, the workers compensation insurer or your private health insurance. Lastly, it would also be helpful to know whether or not your injury was caused by the negligence of a third party. If so, in addition to a workers compensation claim, you could have an additional third party claim.

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1 lawyer agrees

Posted

In Massachusetts the WC insurers do not have to settle a claim if they do not want to. They usually do so if you are on weekly benefits and they may have to pay you into the future. Then they may offer you a settlement to end those weekly payments. Whether you are going to be on benefits into the future depends on the severity of the injury, the limitations the injury causes, your age, education level, work history etc.

If you have any permanent impairment from the injury, you are entitled to benefits for that. Once you have reached maximum medical improvement, a qualified doctor should do an evaluation of any impairment using the A.M.A. Guides to the Evaluation of Permanent Impairment. I would not have your treating doctor do the evaluation. The Dept. of Industrial Accidents has formulas to calculate the amount of the benefit you would be entitled to.

You probably want to consult a workers' compensation lawyer to find out what your rights are.

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